DEEPAK @ CHOWDA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By the present appeals, the five appellants challenge the common impugned judgment dtd. 22/6/2020 whereby, six out of ten accused who faced trial were convicted for conspiring to murder one Vijay Yadav ( 'deceased ') for offences punishable under Ss. 302 IPC and 120-B IPC and the order on sentence dtd. 22/9/2020 whereby they were awarded imprisonment for life along with fine. The sixth convict Bhisham @ Chintoo has not preferred any appeal against his conviction. No leave to appeal petition has been filed by the State against the acquitted accused.

(2.) In a nutshell, case of the prosecution is that on 29/9/2007, a PCR call was received at PS Hauz Qazi regarding a man being shot at Gali Arya Samaj, Sita Ram Bazaar, on which, DD No. 15-A was recorded. The other call received regarding the incident was recorded vide DD No. 16A. Both these informations were marked to SI Mahmood Ali and he alongwith SHO Insp. Anil Sharma and other police personnel reached the spot and found blood on the ground in front of H.No. 2745. An empty shell of 9 mm cartridge was also found near the scene of crime. On enquiry, it was found that at around 7.30/7/45 pm, victim Vijay Yadav @ Vijji was surrounded by five-six persons, two of whom were having firearms in their hands and who thereafter shot the deceased. The deceased fell on the ground in a pool of blood and was taken to LNJP Hospital, where the deceased was declared "brought dead ". No witness was found at the spot and after making endorsement to that effect, FIR No. 356/2007, under sec. 302 IPC was registered at PS Hauz Qazi. Photographer and crime team were called and the body was sent for post mortem examination. The dead body was identified by the father and brother of the deceased.

(3.) Dr. Ankita Dey (PW-8), SR, Deptt. of Forensic Examination, MAMC conducted the post mortem examination on the body of the deceased Vijay Yadav, on 30/9/2007 at 11 am and tendered her report vide Ex.PW-8/A. As per the report, following injuries were found: